- Following Re Holliday , the order for a sale of a house under section 30 of the Law of Property Act 1925 was postponed until children of the ex-matrimonial/family home reached the age of majority
- Could this application be appealed by a trustee in bankruptcy?
- The scope of Re Holliday  was significantly restricted
- Although a sale would be distressing for the non-bankrupt wife and her children, the hardship was not exceptional
- Only in exceptional cases would an order for sale on the application of a trustee in bankruptcy be denied or delayed
- Exceptional circumstances might include where a child with special needs lived in a specifically adapted home, but would not include (as an example) the presence of a child with special needs